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Agenda and draft minutes

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Items
No. Item

105.

Introductions and procedure

Minutes:

Councillor Chapman welcomed everyone to the meeting and introduced officers and members.  The licensing officer introduced herself, the applicant and the interested parties. The procedure for the conduct of the meeting was outlined.

106.

Apologies for absence

Minutes:

None.

107.

Declarations of substitute members

Minutes:

There were no declarations of substitute members.

108.

Declarations of interest

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

 

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

 

*(a) Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

 

This applies to all members present at the meeting.

 

Minutes:

There were no declarations of interest.

109.

Order of Business

Minutes:

The order of business would be as the agenda.

110.

Minutes of Previous Meeting pdf icon PDF 64 KB

Minutes:

RESOLVED:

That the minutes of the meeting held on 25 February 2020 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

111.

Butcher and Brew, 267 Upper Street, N1 - New premises licence pdf icon PDF 6 MB

Minutes:

The licensing officer reported that additional information had been circulated from the applicant in response to the objectors.  This would be interleaved with the agenda papers.

 

Residents who lived in close proximity to the premises spoke against the application. It was stated that this was a residential part of Upper Street with no bars but with kitchen shops, clothes shops and dry cleaners. The rear of the premises was very quiet and this premises, that was proposing to sell alcohol from 7.30am to 11pm, sounded as though it would be a bar rather than a butchers shop. The shop was in a cumulative impact area and anti-social behaviour was a concern. The grant of the licence would be against the cumulative impact policy.  All of the shops had two or three flats above with bedrooms that backed onto the gardens. If the outside space at the rear was used the noise from customers would be very loud. The bedrooms were at the rear and the volume of noise in the rear garden would increase with the drinking of alcohol. Safety concerns were also raised regarding access to the flat roof. It was stated that it was believed that the previous occupiers had removed the sound proofing in the ceiling and speakers had to be moved to the walls. A resident stated that she could hear the bass of music playing in her premises and with a 7.30am start would not get a lie in. A second resident stated that she would not want people eating in the rear garden, even during the day, as residents used the rear of their properties to work in. There were no other garden areas being used as a café. The premises was previously a hairdresser, then a gluten free bakery and now was being used as a bar/restaurant. The grant of this licence would be against the cumulative impact area policy. The applicant had stated that he had contacted residents but they stated that this had not been the case. This was a quiet space on a busy street and flats had been purchased above shops as they were more affordable.  A bar was not in keeping with bedrooms above.

 

In response to questions, it was noted that the previous café did not have smoking at the rear but it was very noisy even so. The resident was able to hear every word and with the grant of this licence the noise could potentially wake her up. Another resident stated that she objected to the use of the rear garden at any time.

 

The applicant stated that this was not a bar but a butchers shop that sold cheese with craft beer and bio-dynamic wines. They would be opening at 7.30am for the butchery and to get set up for the day. Music would not be played at this time. This was not a bar and nor would they wish it to be. They had no issues in other premises that he managed. They  ...  view the full minutes text for item 111.

112.

Anand News, 42 Exmouth Market, EC1 - New premises licence pdf icon PDF 5 MB

Minutes:

The licensing officer stated that the applicant had accepted all of the proposed conditions and had passed her personal licence accreditation.

 

The licensing authority had not withdrawn her representation as she considered that the application had not addressed the cumulative impact policy.  She asked that the applicant tell the Sub-Committee how she would operate the premises and how the premises would not add to the cumulative impact.

 

The applicant’s representative stated that the applicant would be happy to amend the hours further to close at 8pm on all days and to commence serving alcohol at 10am at the weekends. The licensee had passed her personal licence exam and taken a conflict management course. Following consultation with the police they had been satisfied by the hours and in this respect, Paragraph 9.12 in the Home Office guidance had been addressed. The police conditions had been incorporated into the licence.  The licensee would have a thorough staff training programme and procedures in place and would not be selling alcohol to street drinkers. This shop was the only local co-operative in the area and conditions had been agreed with the police and the Environmental Health team. The hours of operation would be within framework hours, the premises were not alcohol led and there were high standards of management. There would be no high strength alcohol or single can sales. The licensee stated that this was primarily a grocery shop and she wished to sell alcohol. She had been there for three years and wanted to keep regular customers. Alcohol would be kept on display for 15% of the shop, it was not alcohol led and all staff would be trained. She had agreed all conditions and had amended the hours sought. She would not be selling single cans and did not wish to attract drunk customers but just wanted to add this additional service for her regular customers.  She was aware of her responsibilities as a retailer. She would adhere to the four licensing objectives and was not trying to add to the cumulative impact.

 

In response to questions the licensee confirmed that the hours they were requesting were 8am to 8pm Monday to Friday and 10am to 8pm on Saturday and Sunday. The licensing authority confirmed that she was happy with the hours and the licensing authority representation could be withdrawn.

 

RESOLVED

1)     That the application for a new premises licence, in respect of Anand News, 42 Exmouth Market, EC1, be granted to allow the sale of alcohol, off supplies, from 8am until 8pm Monday to Friday and from 10am to 8pm on Saturday and Sunday.

2)     Conditions detailed on pages 110 and 111 of the agenda be applied to the licence.

 

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

 

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003,  ...  view the full minutes text for item 112.

113.

4 You Express, 1 Chadwell Street, EC1 - New premises licence pdf icon PDF 3 MB

Minutes:

The licensing officer stated that several people had written in support of the application. The Licensing Authority had now withdrawn their representation. An additional paper had been circulated from the applicant detailing their response to the interested parties. This would be interleaved with the agenda papers.  The applicant had used temporary event notices over the last three weekends and had received no complaints.  Three residents maintained their objections.

 

The applicant stated that she was running a small shop with her husband. She had accepted framework hours.  The premises was a convenience store that sold groceries with a small amount of alcohol placed behind the till.  The premises was not alcohol led.  She had received a lot of support from neighbours and had opened a ‘next door’ app for Islington where residents could post about local crime and businesses. The hours requested were within framework hours and alcohol would not be sold after 8pm on Fridays and Saturdays. CCTV was installed which showed views of the street and could evidence anti-social behaviour. They had a log book for refusals. She knew the area well. She had received the training about a couple of months ago. This was a quiet area and she had the support of local businesses.

 

In response to questions, it was noted that it was a very small shop and only two customers could enter at one time. Only a small amount of alcohol would be stocked.

 

RESOLVED

1)     That the application for a new premises licence, in respect of 4 You Express, 1 Chadwell Street, EC1 be granted to allow:-

 

a)   The sale of alcohol, off supplies only, from 8am until 11pm Monday to Thursday, from 8am until 8pm on Friday, from 10am until 8pm on Saturday and from 10am until 11pm on Sunday.

 

b)   Opening hours from 8am until 1am Monday to Saturday and from 8am until midnight on Sunday.

 

2)     Conditions detailed on pages 146 to 148 of the agenda shall be applied to the licence.

 

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

 

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

 

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Clerkenwell cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives. Paragraph 22 states that the licensing authority recognises that it has to balance the needs of businesses with those of local residents. Clerkenwell has the highest number of complaints  ...  view the full minutes text for item 113.

114.

Tettos Italian Kitchen,, 313 Highbury Park, N5 - New premises licence pdf icon PDF 5 MB

Minutes:

The licensing officer reported that a letter from the applicant, in response to resident concerns, had been circulated. This would be interleaved with the agenda papers.

 

This application had been made as the applicant wanted a new licence with less licensable activities. They had not applied for a music licence or dancing but only for the sale of alcohol.  Many representations had been submitted for their previous application but they had only received two objections from interested parties for this application. No vertical drinking would be permitted. All other issues had been resolved. Most customers lived on the local estate. The premises was managed professionally, they had been visited by officers on a couple of occasions. This was a large venue which could operate a one-way system and customers could remain inside when waiting for a taxi.

 

In response to questions, it was noted that there were two door supervisors, staff were fully trained and retrained every six months. They did not offer drink promotions. Alcohol sold was not cheap but their food cost was set at a reasonable level. There were three levels of supervision. Orders were taken by a waiter, there was a floor manager and then the main manager who would manage customers.  There was space for 30/40 people to remain inside whilst waiting for their taxi and this would prevent outside noise nuisance. There was no loud music and notices were posted inside warning customers about making too much noise. Rubbish had been an issue for one week and the applicant explained that he had 12 bins per week but the general public attending the park during lockdown had begun using these bins during the good weather. The manager then locked their bins but this created rubbish on the green. He therefore increased bin capacity to 18 a week, at a cost of £700, and left them open for the general public to use. There had not been an issue since this.  It was noted that the premises was large enough to hold 180 people seated but to allow social distancing there was only capacity for 100 people. The Sub-Committee noted that a planning consultant was present should the Sub-Committee have any planning queries. The applicant stated that he was working with planning officers. This had not been easy to complete all works due to the three month lockdown but they wished to comply with the planning issues as soon as possible.

 

RESOLVED

1)     That the application for a new premises licence, in respect of Tetto’s Italian Kitchen, 313 Highbury New Park, N5, be granted to allow:-

 

a)   the supply of late night refreshment on Friday and Saturday from 11pm to midnight.

b)   the supply of alcohol on the premises on Sunday to Thursday from 10am to 11pm and on Friday and Saturday from 10am to midnight.

c)    the premises to be open to the public on Sunday to Thursday from 10am to 11.30pm and on Friday and Saturday from 10am to half past midnight.

 

2)  ...  view the full minutes text for item 114.